- 1 - HC-KAR NC: 2025:KHC:40144 WP No. 14396 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 14396 OF 2024 (GM-CPC) BETWEEN: SRI V. BALAKRISHNA S/O P.K. VENKATACHALAIAH AGED ABOUT 76 YEARS R/A DOOR NO.2435, RAILWAY STATION TO BRINDAVAN ROAD K.R.SAGARA, HONGANAHALLI KRISHNARAJA SAGARA MANDYA DISTRICT - 271 607. …PETITIONER (BY SRI SATHYA D, ADV., SRI K.V. NARASIMHAN, ADV.) AND: SRI M.N. MALLESHA S/O NANJEGOWDA AGED ABOUT 55 YEARS R/O KRISHNARAJASAGARA BELAGOLA HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 607. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE IMPUGNED ORDER DATED 16/01/2023 AT ANNEXURE-F PASSED BY THE LEARNED PRL. CIVIL JUDGE AND JMFC AT SRIRANGAPATNA IN EX. 40/2014. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40144 WP No. 14396 of 2024 ORAL ORDER 1. Petitioner is before this Court in this writ petition filed under Article 227 of the Constitution of India, assailing the order dated 16.01.2023 passed by the Court of Prl. Civil Judge & JMFC, Srirangapatna, in Ex. Case No.40/2014. 2. Heard the learned Counsel for the petitioner. 3. Petitioner had filed Execution Case No.40/2014 before the Court of Prl. Civil Judge & JMFC, Srirangapatna, alleging that respondent herein who is the judgment-debtor in O.S.No.162/1995 had violated the decree of permanent injunction passed in the said suit by demolishing the existing shed in the suit schedule property of O.S.No.162/1995. Vide the order impugned, the Trial Court has dismissed the execution petition. Aggrieved by the same, the petitioner is before this Court. 4. Perusal of the material on record would go to show that O.S.No.162/1995 was filed by the petitioner against the respondent seeking a decree of permanent injunction in respect to the suit schedule property which is a vacant site. Nowhere in - 3 - HC-KAR NC: 2025:KHC:40144 WP No. 14396 of 2024 the pleading in O.S.No.162/1995 nor in the schedule of the said suit, a mention was made with regard to existence of a shed in the suit schedule property. The judgment and decree passed in O.S.No.162/1995 has been confirmed by this Court in R.S.A.No.553/2013 disposed of on 28.06.2016. 5. The Trial Court having appreciated that existence of the shed in the suit schedule property in O.S.No.162/1995 has not been mentioned either in the plaint or in the schedule or even subsequently in the regular appeal or in the Regular Second Appeal, which was filed as against the judgment and decree passed in O.S.No.162/1995, has dismissed the execution petition which was filed alleging that the defendant-judgment debtor had violated the decree of permanent injunction granted in O.S.No.162/1995. 6. I do not find any illegality or irregularity in the said order since the petitioner had failed to prove that a shed existed in the suit schedule property which allegedly was demolished by the respondent. Under the circumstances, I do not find any merit in this writ petition. Accordingly, writ petition is dismissed. - 4 - HC-KAR NC: 2025:KHC:40144 WP No. 14396 of 2024 7. However, this order will not come in the way of the petitioner filing any fresh execution petition in the event respondent violates the judgment and decree passed in O.S.No.162/1995. Sd/- (S VISHWAJITH SHETTY) JUDGE KK